Terms & Disclaimers/Return Policy
All prices subject to change without notice. Quantity discounts available on many items. Sales tax charged when applicable. Merchandise may ship from multiple warehouses, delivery time varies based on location, multiple freight charges apply. Orders are processed on business days (Monday through Friday, excluding holidays and days announced on the site). Our standard office hours are Monday through Friday 8:00am – 4:00pm Central Time. Orders are processed on a business daily basis. We will ship products from multiple warehouses located throughout the USA. Daily cutoff times for processing and shipping your order will vary depending on which warehouse has available inventory at the time. Please allow up to 3 business days to process your order plus shipping transit time, which may mean that an expedited shipment may not occur when you expect, please allow for this processing and transit time in your required delivery calculation. If there is an issue with your order, we will make every attempt to contact you through the means you have provided to us. Please be sure to reply to our correspondence in a timely manner to ensure that your order is processed. Correspondence will be managed through sales@MidwestBand.com. You may want to add this address to your spam filter’s whitelist to ensure delivery of correspondence. International shipments may require longer lead times. Please note that products will not be shipped (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized. Customs clearance, duty, taxes and all other charges are the responsibility of the purchaser and are not collected at time of purchase. Any items sold through this website that are not "in-stock" are manufactured to order. Delivery time for made to order items varies and is subject to the delivery time quoted by the manufacturer. Our ability to communicate that information to you is limited by the availability of said information provided to us by the manufacturer. Manufactured items and decorated/altered stock items are not returnable or exchangeable.
Limited Warranty & Disclaimer of Other Warranties
Items purchased from this site may be warranted from their manufacturer and may vary by product or manufacturer. To exercise your rights under this warranty, contact our Customer Care Department for a Return Authorization Number. You are responsible for return shipping. We hereby DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Midwest Band SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES that may be suffered as a result of manufacturing defects in, or the use of, goods sold by Midwest Band. Warranties and/or remedies provided by any third party manufacturer of goods sold by Midwest Band give you specific legal rights and you may have other rights which vary from state to state as some states do not allow the exclusion of warranties, incidental or consequential damages or the limitation of remedies.
Visit our knowledge base for more information on the warranties provided.
Returns or exchanges on returnable items must be initiated within 30 Days from date of receipt. Click here to view our complete return policy in our knowledge base.
Terms & Conditions
Correction of Error and Inaccuracies
The information on the site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We attempt to be as accurate as possible when describing products listed for sale on the site. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Likewise, we do our best to display as accurately as possible the colors of the products shown on the site. However, because the color you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Editing, Deleting and Modification
All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the "look and feel" of the Site), images, graphics, animation, videos, music, sounds, articles, copy, creative, trademarks, logos, and subsidiary, parent, or affiliate company names and other materials on this Site are subject to the intellectual property rights of Midwest Band, its subsidiaries and affiliates, and their respective licensors and licensees. These materials may not be copied for commercial use, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other web sites, framed, deep linked to, or otherwise redistributed in any form. Nothing contained on the Site, including, but not limited to, the Midwest Band trademark, intellectual property right or copyrighted material can be used for commercial use of any kind without Midwest Band's prior written permission. Any unauthorized commercial use of these materials will violate Midwest Band's intellectual property rights and will be subject to Midwest Band's full legal rights and remedies. The copying, redistribution, use or publication by you of any such matters or any part of the site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Midwest Band, Vivace, Rejuvitex, Applause, Honorguard, Conquistador, "Midwest Band.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to, without authorization, intercept any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site's network or other infrastructure.
No Confidentiality with Respect to Submissions or Feedback
While we welcome your comments and feedback regarding our Site, products and/or services, we do not want to receive, and will not accept, ideas or information with any understanding of a confidentiality or non-use obligation of any kind. All comments and feedback disclosed or offered by you to Midwest Band shall be considered by Midwest Band to be non-proprietary and non-confidential, and may be used by Midwest Band without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that Midwest Band shall have no further confidentiality, non-use or other obligation to you.
Links to Other Web Sites
The Site may contain links to other web sites that are completely independent of this Site. Midwest Band is not responsible for the accuracy, content, or authenticity of the information or content contained in any such linked website, or for the products or services offered or sold through any such linked website. Such links shall not be construed as an approval or endorsement by Midwest Band of the linked website, or information, content, products or services provided. These links are made available only as a convenience to you. If you decide to access other websites through our Site, you do so at your own risk. Midwest Band has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Midwest Band.
No Representation or Warranty
While Midwest Band will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and Midwest Band does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
This Site and all content contained are provided to you "AS IS," and "AS AVAILABLE." All warranties, expressed or implied, are hereby disclaimed, including any warranty of NONINFRINGEMENT or FITNESS FOR A PARTICULAR PURPOSE. No information obtained by you from Midwest Band through this Site shall create any warranty not expressly stated herein.
Without limitation, Midwest Band disclaims all warranties regarding the availability of the Site, that this Site will operate error-free, that defects will be corrected, or that the site is free of viruses or other harmful components. Your use of this Site is AT YOUR OWN RISK, any content downloaded or otherwise obtained through this Site is provided AT YOUR OWN RISK, and you are solely responsible for any damage to your computer system or any data loss that may result from your use of the Site, including without limitation, damage resulting from computer viruses. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Risk of Loss
The risk of loss and title for all items purchased from Midwest Band pass to you upon our delivery to the carrier.
Limitation of Liability
In no event shall Midwest Band be liable for any direct, indirect, special, punitive, exemplary, consequential or other damages whatsoever, including but not limited to PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, without regard to the form of action (including but not limited to contract, negligence, or other tortuous actions) arising out of or in connection with your use or access of the Site or its content, even if Midwest Band or its business partners, employees, representatives or affiliates have been advised of the possibility of such damage or loss.
In no event shall Midwest Band's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, or ONE HUNDRED DOLLARS ($100) (whichever is less), for accessing or participating in any activity related to any Midwest Band Site.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE MAY NOT APPLY TO YOU.
Governing Law Limitations
United Sates and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Site to or from any countries or foreign nations in violation of such laws or regulations.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Midwest Band or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Midwest Band does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Midwest Band is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Midwest Band reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Midwest Band in its sole discretion.